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Ask Jason Knight Trading as The Trustee for Design Adventures Trust ABN: 37817091833

1. DEFINITIONS

In these Terms and Conditions:

“Agreement" means these Terms and Conditions together with any Proposal, Scope of Work, or invoice issued by us.

“Client" means the individual or entity engaging our Services.

“Consultant" means Jason Knight trading as AskJasonKnight (Trading as The Trustee for Design Adventures Trust ABN: 37817091833).

“Services" means the brand strategy, creative direction, copywriting, and any other consulting services described in the applicable Proposal.

“Scope of Work" means the written description of deliverables, timelines, and inclusions agreed to by both parties.

“Deliverables" means the specific outputs described in the Scope of Work.

2. ACCEPTANCE

These Terms and Conditions are binding upon payment of a deposit or written confirmation (including email) that the Client accepts the Proposal.

3. SCOPE OF WORK

All Services are governed by a Scope of Work agreed to in writing prior to commencement.

3.1 What's included. Only the deliverables explicitly listed in the quote/Scope of Work are included in the agreed fee. Verbal discussions, exploratory conversations, or implied expectations do not form part of the scope.

3.2 Revisions. Each project includes two (3) rounds of consolidated revisions unless otherwise stated in the Proposal. A revision round is defined as a single, consolidated set of feedback submitted in one communication. Feedback submitted in multiple batches, or after a revision round has been actioned, constitutes a new round.

3.3 Scope changes. Any request to add, alter, or expand the Services beyond the agreed Scope of Work will be treated as a variation. Variations require a written change request and a new or amended quote before work proceeds. We are not obliged to action any variation that has not been agreed to in writing.

3.4 Client delays. If the Client fails to provide required information, feedback, or approvals within the timeframes specified in the Scope of Work (usually within 48 hours if no timeframe is specified), the project timeline will be extended accordingly. If Client-caused delays extend the project beyond 4 weeks past the original delivery date, we reserve the right to treat the project as complete, invoice for the full project fee, and release reserved capacity.

4. FEES AND PAYMENT

4.1 Fee structure. Our fees are set out in the applicable Proposal or invoice. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

4.2 Deposit. A non-refundable deposit of 50% of the total project fee is due upon acceptance of this Agreement. Work does not commence until the deposit is received and cleared.

4.3 Final payment. The remaining balance is due within 7 days of project completion or delivery of final Deliverables, whichever occurs first.

4.4 Late payment. Invoices not paid by the due date will incur a late payment fee of 10% per month on the outstanding amount, calculated from the due date. We reserve the right to suspend or withhold delivery of any Deliverables until outstanding amounts are paid in full.

4.5 Debt recovery. If an invoice remains unpaid 30 days beyond its due date, we may engage a debt collection agency or commence legal proceedings without further notice. The Client agrees to indemnify us for all reasonable costs of recovery, including legal fees.

4.6 No set-off. The Client must pay all invoices in full without deduction, set-off, or counterclaim.

5. REFUNDS AND CANCELLATIONS

5.1 Deposit. The deposit is non-refundable under all circumstances, including but not limited to a change of mind, change in business circumstances, or failure to proceed.

5.2 Cancellation after commencement. If the Client cancels the project after work has commenced, the Client is liable for payment of all fees proportional to the work completed at the time of cancellation, as determined by us in good faith. Where the deposit does not cover this amount, a further invoice will be issued and is immediately payable.

5.3 No refund after delivery. No refund will be issued once Deliverables have been delivered, presented, or made accessible to the Client for review. Dissatisfaction with subjective or aesthetic outcomes does not constitute grounds for a refund where Services have been rendered in accordance with the agreed Scope of Work.

5.4 Lapsed projects. If a project becomes inactive due to Client delay or non-communication for a period of 60 days or more, we reserve the right to close the project and invoice for the full project fee. Re-engagement after this point will require a new Agreement and may be subject to revised pricing.

5.5 Time-barred claims. Any claim by the Client in relation to our Services must be raised in writing within 30 days of the relevant Deliverable being provided. Claims raised after this period will not be considered.

6. CLIENT RESPONSIBILITIES

The Client agrees to:

Provide timely, accurate, and complete information, assets, and feedback required to deliver the Services; nominate a single point of contact with authority to approve decisions; respond to communications; and ensure that any materials, content, or intellectual property provided to us do not infringe the rights of any third party.

We are not responsible for delays, errors, or substandard outcomes caused by incomplete, inaccurate, or late information provided by the Client.

7. INTELLECTUAL PROPERTY

7.1 Our existing IP. All methodologies, frameworks, tools, templates, and processes developed prior to or independently of this Agreement remain our sole intellectual property.

7.2 Deliverables. Full ownership of the agreed Deliverables transfers to the Client upon receipt of all payments in full. Until that point, all Deliverables remain our property and may not be used, published, or shared.

7.3 Portfolio rights. We retain the right to feature work completed under this Agreement in our portfolio, case studies, and promotional materials, unless the Client requests otherwise in writing prior to commencement.

8. CONFIDENTIALITY

Both parties agree to keep the terms of this Agreement and any confidential business information shared during the engagement strictly confidential. This obligation survives termination of the Agreement indefinitely.

9. TERMINATION

9.1 By us. We may terminate this Agreement immediately by written notice if the Client fails to pay an invoice by its due date; fails to respond to communication within 7 business days; acts in a manner that is abusive, threatening, or damaging to our reputation; or materially breaches any other obligation under this Agreement.

9.2 By the Client. The Client may terminate this Agreement with 14 days' written notice. Fees for work completed or in progress up to the date of termination remain payable. The deposit is non-refundable in all cases.

9.3 Effect of termination. Upon termination, all outstanding fees become immediately due and payable. Deliverables remain our property until all fees are paid in full.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, our total liability to the Client for any claim arising out of or in connection with this Agreement is limited to the total fees paid by the Client under the relevant Scope of Work. We exclude all liability for indirect, consequential, or SEO ranking loss, including loss of revenue, loss of profits, or loss of opportunity.

11. DISPUTES

If a dispute arises, the parties agree to first attempt to resolve it through good-faith negotiation. If unresolved within 14 days, the matter may be referred to mediation before either party commences formal proceedings. This Agreement is governed by the laws of New South Wales.

12. GENERAL

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior representations, discussions, and agreements. No variation is binding unless agreed to in writing by both parties. If any provision is found to be unenforceable, the remaining provisions continue in full force.